Government Contractor Compliance & Regulatory Update

Tag Archives: contractors

OFCCP Proposes New FAAP Directive

By Guy Brenner and Alex Weinstein on Posted in Affirmative Action Plan (AAP), OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking approval to change its Functional Affirmative Action Program  (“FAAP”) requirements. The proposed directive, for which comments are due by November 13, 2018, proposes sweeping changes to the current FAAP directive, with the stated aim of encouraging contractors to use FAAPs.… Continue Reading

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Acquisitions, Labor Law
Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  The Order imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation to report various labor law … Continue Reading

OFCCP Announces New Veteran Hiring Benchmark

By Connie Bertram and Guy Brenner on Posted in OFCCP, Veterans
Yesterday, OFCCP announced its 2016 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.9%, slightly lower than the previous year’s 7% benchmark. The VEVRAA Benchmark is the figure which federal contractors must use to assess the effectiveness of their outreach programs for the hiring of veterans. Contractors may either use the … Continue Reading

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

By Connie Bertram and Alex Weinstein on Posted in Discrimination, OFCCP
The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of Executive Order 11246. Executive Order 11246 prohibits discrimination in employment by federal contractors on the basis of race, color, sex, religion, sexual orientation, … Continue Reading

Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation

By Daniel Saperstein on Posted in Employment Law
Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors.  “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job applications that ask whether the candidate has a criminal history.  In lieu of banning … Continue Reading

California’s Fair Chance Employment Act Targets Construction Contractors

By Daniel Davis and Daniel Saperstein on Posted in Employment Law
A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite construction-related employment.  As such, the new law prohibits oral or written inquiries into the applicant’s conviction history on or at the time of an … Continue Reading

Veterans Employment Center Announced

By Connie Bertram and Daniel Davis on Posted in Veterans
Last week the White House announced the implementation of an online employment tool to assist contractors, service members, veterans and their families.  The Veterans Employment Center is the result of an interagency effort to simplify the process for veterans and their spouses to seek and obtain gainful employment.  The website can be found here.  The … Continue Reading

Obama Requests Increased OFCCP Funding in FY 2015 Budget

By Connie Bertram and Andrew Aitchison on Posted in OFCCP
On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations.  This amount represents a $3 million increase over 2014, including funding for an additional 10 full-time equivalent employees. Significant in the FY 2015 budget is a request … Continue Reading

White House Announces Additional Executive Orders For Federal Government Contractors

By Connie Bertram and Daniel Davis on Posted in OFCCP
President Obama is expected to sign two executive orders that will impose additional compliance obligations on federal government contractors.  The first order will reportedly bar federal contractors from retaliating against employees for discussing pay issues with co-workers.  The President is also expected to sign a second executive order directing the Department of Labor to promulgate … Continue Reading

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

By Amy Blackwood and Connie Bertram on Posted in Disability, OFCCP
Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory.  The goal of the Directory is to assist contractors in locating community and other resources for recruiting veterans and individuals with disabilities.  The Directory contains a non-exhaustive list of groups and organizations that are available to provide … Continue Reading

District Court Rejects Challenge to Section 503 Final Rule

By Andrew Aitchison on Posted in Disability, OFCCP
On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a challenge by the Associated Builders and Contractors trade organization (“ABC”).  As a result, OFCCP’s Rule—“Affirmative Action and Nondiscrimination Obligations of Contractors and … Continue Reading

The New Veterans and Disability Regulations Go Into Effect on March 24: Are You Ready?

By Connie Bertram on Posted in Disability, Employment Law, OFCCP, Veterans
Many contractors have been preparing for the past several months for the first group of compliance obligations imposed by the Final Rules adopted by OFCCP in August 2013.  In five short days, the first set of obligations will become effective.  Is your organization ready to implement the first set of compliance obligations?  Does it have … Continue Reading

OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules

By Connie Bertram on Posted in Affirmative Action Plan (AAP), Department of Labor, Employment Law, OFCCP
On December 17, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published additional Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. As discussed in prior Government Contractor Compliance & Regulatory Update posts on August 27, … Continue Reading

Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities

By Katharine Parker on Posted in Discrimination, Employment Law
On November 5, 2013, Proskauer issued a Client Alert providing an analysis of the jointly-proposed standards for assessing the diversity policies and practices of entities subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Attached is a link to the Client Alert.  Please be sure to check the Government Contractor Compliance … Continue Reading

Post-Shutdown Issues Facing Government Contractors Who Employ Foreign Nationals in the United States

By Connie Bertram on Posted in Compensation, Employment Law, OFCCP
Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Contractor Compliance and Relations Group, was interviewed by Human Resource Executive regarding the impact of the government shutdown on government contractors.  Ms. Bertram highlighted the dilemma facing contractors who received a stop-work order and who employ foreign nationals in … Continue Reading

Preparing for Future Government Shutdowns

By Connie Bertram on Posted in Employment Law, Labor Law, OFCCP
Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Regulatory Compliance and Relations Group, was interviewed by Metropolitan Corporate Counsel regarding the impact of the government shutdown on government contractors and the steps contractors should take in preparation for another possible government shutdown and debt default.  Ms. Bertram … Continue Reading

Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown

By Connie Bertram on Posted in Department of Labor, Employment Law, Federal Acquisitions, OFCCP
On October 4, 2013, Proskauer issued a Client Alert providing guidance to federal contractors regarding key legal questions that have arisen as a result of the government shutdown.  Attached is a link to the Client Alert.  Please be sure to check the Government Contractor Compliance & Regulatory Update or subscribe to the RSS feed for … Continue Reading

Availability of Retroactive Compensation to Contractors Post-Government Shutdown

By Connie Bertram on Posted in Compensation, Federal Acquisitions
Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post yesterday discussing the compensation of employees of contractors impacted by the government shutdown.  Ms. Bertram explained that employees of government contractors who have been furloughed as a consequence of the shutdown may not receive compensation beyond … Continue Reading

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

By Connie Bertram on Posted in Compensation, Department of Labor, Discrimination, OFCCP
Medtronic, Inc. and Medtronic Interventional Vascular, Inc. A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc. (“Medtronic”) to settle claims of national origin discrimination in pay.… Continue Reading

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

By Connie Bertram on Posted in Employment Law, Federal Acquisitions, Security, Whistleblower
On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”).  The interim rules implement Section 828 of the National Defense Authorization Act … Continue Reading

FAR Provision on Human Trafficking Proposed

By Connie Bertram on Posted in Employment Law, Federal Acquisitions
On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal Acquisition Regulation (“FAR”) to implement recent mandates aimed at stemming human trafficking.  In addition to codifying the current zero-tolerance policy against human trafficking, FAR … Continue Reading

Responsibility of an Employer to Act Upon Threats From or By an Employee

By Connie Bertram on Posted in Employment Law, Security
Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings.  Ms. Bertram reminded contractors of the obligation to notify the government of threatening and violent conduct by employees with security clearances.  She also emphasized that contractors have an independent right under … Continue Reading

Practical Employment Law Issues Facing Government Contractors In The Wake Of The Federal Government Shutdown

By Connie Bertram on Posted in Employment Law, OFCCP
On October 1, 2013, the federal government shut down for the first time in seventeen years.  The last government shutdowns in 1995 and 1996 lasted a total of 28 days.  Government contractors are already feeling the bite of the shutdown.  Within hours of the shutdown, government agencies and departments issued stop work orders, grinding work … Continue Reading

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

By Proskauer Rose on Posted in Labor Law
As reported in the Bloomberg BNA Daily Labor Report, three contractors were found by the California Labor Commissioner to have “willfully” violated state wage and apprenticeship laws.  The contractors were ordered to pay over $1.8 million in back wages, apprenticeship funds, fines and penalties. The Labor Commissioner’s office, also known as the Division of Labor … Continue Reading
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